[HISTORY: Adopted by the Township Committee of the Township of Carneys Point 9-13-1978 as Ord. No. 323. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL AREA
- All areas defined as commercial in the Zoning Ordinance of Carneys Point Township.
- Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
- DECIBEL (DB)
- A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals [20 micronewtons per square meter].
- Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
- EMERGENCY WORK
- Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
- GROSS VEHICLE WEIGHT RATING (GVWR)
- The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
- New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
- Any vessel which operates on water and which is propelled by a motor, including but not limited to boats, barges, amphibious craft, water-ski towing devices and hover craft.
- MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
- Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
- As in the Motor Vehicle Code of the State of New Jersey.
- MOTOR VEHICLE
- As in the Motor Vehicle Code of the State of New Jersey.
- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
- NOISE DISTURBANCE
- Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
- Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state or federal agency not associated with national defense.
- POWERED MODEL VEHICLE
- Any self-propelled air-borne, waterborne or landborne plane, vessel or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property or structures there on which are owned or controlled by a governmental entity.
- REAL PROPERTY BOUNDARY
- Any imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
- RESIDENTIAL AREA
- All areas defined as residential in the Zoning Ordinance of Carneys Point Township.
- An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
- SOUND LEVEL
- The weighted sound-pressure level obtained by the use of a sound-level meter and frequency-weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound-level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
- SOUND-LEVEL METER
- An instrument which includes a microphone, amplifier, r.m.s. detector, integrator or time averager, output meter and weighting networks used to measure sound-pressure levels and meets ANSI S-1.4.
- Any day, Monday through Friday, which is not a legal holiday.
No person shall unreasonably make, continue or cause to be made any noise or disturbance defined as follows:
Construction: operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work.
Between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise of disturbance across a residential real property boundary. This subsection shall not apply to activities defined in § 138-5 of this chapter.
Places of public entertainment: operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment at a sound level greater than 86 dBA, as read by the slow response on a sound-level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside of such place, near each public entrance, stating WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.
Powered model vehicles: operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 8:00 p.m. and 8:00 a.m. the following day.
Domestic power tools: operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.
Motor vehicles and motorcycles on public rights-of-way. No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table 1.
Refuse collection vehicles. No person shall:
On or after 2 1/2 years following the effective date of this chapter, operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse and which creates, during the compacting cycle, a sound level in excess of 86 dBA when measured at 50 feet or 15 meters from any point on the vehicle.
Operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse between the hours of 8:00 p.m. and 6:00 a.m. the following day in a residential area.
Collect refuse with a refuse collection vehicle between the hours of 8:00 p.m. and 6:00 a.m. the following day in a residential area.
Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 10 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet [46 meters] of a residential area, between the hours of 10:00 p.m. and 7:00 a.m. the following day.
Engine compression brake.
[Added 10-19-2016 by Ord. No. 921]
Definitions. The following definitions shall apply to this subsection.
- ENGINE COMPRESSION BRAKE
- Any device that utilizes air compression and/or rapid release of compressed air in the cylinders of engines to slow or retard vehicle speed. Examples include, but are not limited to, Jacobs Engine Brake™, also known as Jack Brake™ engine retarder; Pacbrake™ engine brake; TecBrake™ engine brake; D-Celebrator™ diesel exhaust brake; and similar devices that meet the definition.
- NOISE BAFFLING DEVICE
- A properly functioning muffler or engine exhaust silencer that eliminates the offensive and disturbing noise caused by use of engine compression brakes. The muffler or engine exhaust silencer must reduce the noise to levels meeting vehicle noise emission standards set or authorized by the Noise Control Act (42 U.S.C. § 4901 et seq.) and the United States Environmental Protection Agency, and must also comply with all other federal, state or local laws and regulations relating to vehicle noise levels.
- PUBLIC SAFETY VEHICLE
- Any vehicle operated by the Carneys Point Township Fire Department or the Carneys Point Township Police Department, or any other emergency vehicle operated by a state, county and/or local agency.
Use of engine compression brake prohibited. It shall be unlawful for the operator of a motor vehicle to engage, or allow to be engaged, operate or use an engine compression brake, or any similar mechanical exhaust device designed to aid in the deceleration of any vehicle which results in the emission of excessive and loud noise from the vehicle, while the vehicle is operated on any public roadway within the municipal limits of the Township of Carneys Point, County of Salem, State of New Jersey.
Exclusions. § 138-3D shall not apply to operators of any of the following:
No person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table 2 at a distance of 50 feet [15 meters] or more from the path of the vehicle when operated on a public space or at or across the boundary of private property when operated on private property. This section shall apply to all recreational motorized vehicles, whether or not duly licensed or registered, including but not limited to commercial or noncommercial racing vehicles, motor vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers and dune buggies, but not including motorboats.
The provisions of this chapter shall not apply to the following:
The emission of sound for the purpose of alerting persons to the existence of a fire or other emergency within the boundary of the Township.
The emission of sound from a vehicle operated by the Police Department, Fire Department or rescue squad of this Township.
The emission of sound in the performance of emergency work by public utilities and private businesses performing the functions of public utilities, including but not limited to public utilities and private businesses which provide natural gas and other fuels, sewerage, water, electricity and telephone service to the residents of the Township.
The emission of sound in the performance of all necessary activities in the supply of natural gas and other fuels, sewerage, water, electricity and telephone to the residents of Carneys Point Township by public utilities and private businesses performing the functions of public utilities.
The emission of any sound relating to the construction and repair of public streets, roads and highways, provided that the Carneys Point Township Committee, by resolution, approves in advance the construction or repair project, the hours during which said project is permitted and subject to any limitations or conditions as may be imposed by said resolution.
[Added 5-24-2000 by Ord. No. 677]
This chapter shall apply to the control of all sound originating within the limits of Carneys Point Township.
Any person who violates any provision of this chapter shall be fined for each offense not more than $100.
Any person who willfully or knowingly violates any provision of this chapter shall be fined for each offense a sum of not less than $50 and not more than $200.
Each day of violation of any provision of this chapter shall constitute a separate offense.
This chapter may be cited as the "Noise Control Ordinance of Carneys Point Township."
[Added 12-14-1994 by Ord. No. 573]
No person shall cause, suffer, allow or permit excessive noise by the use, playing or operation of any electronic sound system such as a radio, television, tape player, boom box, amplifier or similar device that reproduces or amplifies sound under the following conditions:
[Added 12-14-1994 by Ord. No. 573]
It shall be prima facie evidence that the noise generated is excessive or that an electronic sound system has been improperly used under either of the following circumstances: